GC ask templates
These are starter paragraphs for business negotiation. Adjust them to the project, keep the tone collaborative, and have counsel review material final language.
Can we revise the payment clause so approved work is paid within a fixed window and owner nonpayment that is unrelated to our scope does not become our shop's credit risk?
Bring counsel in if the GC will not remove condition-precedent wording, if the project has large material deposits, or if payment depends on final owner closeout.
Can we tie retainage release to acceptance of our millwork scope instead of final completion of the entire project, with any holdback limited to specific disputed items?
Ask counsel to review if retainage is tied to project closeout, can be offset across jobs, or is larger than the upstream retainage for your scope.
Can we use conditional waivers until funds clear and limit each waiver to the exact payment amount, through-date, and work actually being paid?
Use counsel if a waiver releases unpaid change orders, retainage, delay claims, or all project rights before money is in the account.
Can we add a field-friendly change path so written direction from the GC team preserves pricing and schedule rights while the formal change order catches up?
Escalate if the job is fast-moving, changes are likely, or the clause requires work to proceed before price, scope, or time impact is resolved.
Can we limit delay exposure to delays actually caused by our shop, add a reasonable cap, and preserve time extensions for late access, approvals, changes, and predecessor delays?
Use counsel if delay damages are uncapped, flow down from the prime contract, or combine with no-damages-for-delay language.
Can we narrow indemnity so our shop stands behind its own work and mistakes, but does not insure the GC or other parties for risks we did not cause?
Bring counsel in before signing broad defense, additional-insured, or GC-negligence language because exposure can exceed the job profit quickly.
Can we attach the prime contract and limit flow-down to terms that directly apply to our millwork scope, with the negotiated subcontract controlling if documents conflict?
Use counsel if the prime is not attached, liquidated damages are hidden upstream, or the strictest-document rule overrides your negotiated scope.
Can we add written notice, a reasonable cure period, and backup documentation before any backcharge is deducted from our payment?
Ask counsel to review if backcharges can hit unrelated payments, include markup or attorneys' fees, or skip notice and cure.
Can we make the dispute process mutual and local, and confirm it does not waive lien, bond, prompt-payment, or emergency remedies?
Use counsel if the GC alone controls forum choice, fees are one-sided, or the clause could make a valid payment claim too expensive to pursue.
Can we incorporate our proposal, exclusions, and assumptions, and clarify that drawing gaps, site-condition changes, and work by others are handled through change orders?
Escalate if your proposal is not incorporated, if exclusions disappear, or if the contract makes you own conditions controlled by other trades.
Can we revise convenience termination so the shop is paid for performed work, custom materials, committed costs, demobilization, and reasonable overhead and profit?
Use counsel if custom materials, shop fabrication, or committed purchase orders are large before installation begins.